Section 43-0107. Powers  


Latest version.
  • The commission shall have power to:
        1. Sue and be sued.
        2.  Make  and execute contracts and all other instruments necessary or
      convenient for the exercise of  its  powers  and  functions  under  this
      article.
        3.  Establish and maintain such facilities as may be necessary for the
      transacting of its business.
        4. Utilize, to the  extent  feasible,  the  staff  and  facilities  of
      existing  state  agencies,  pursuant  to an allocation to be made by the
      director of the budget.
        5. Hold hearings and subpoena witnesses in the exercise of its powers,
      functions and duties provided for by this article.
        6. Contract for professional and technical assistance and advice.
        7. Contract for and to accept assistance, including but not limited to
      gifts, grants or  loans  of  funds  or  of  property  from  the  federal
      government  or any agency or instrumentality thereof, or from any agency
      or instrumentality of the state, or from any  other  public  or  private
      source  and  to  comply, subject to the provisions of this article, with
      the terms and  conditions  thereof,  subject  to  the  approval  of  the
      director of the budget.
        8.  Adopt,  amend  and  repeal,  after public hearing according to the
      provisions of the state administrative procedure act (except in the case
      of rules and regulations that related to the  organization  or  internal
      management  of  the agency), such rules and regulations, consistent with
      this article, as it deems necessary to administer this article,  and  to
      do  any  and all things necessary or convenient to carry out the purpose
      and policies of this article and to exercise all powers granted by law.
        9. Adopt, amend and repeal, after  public  hearing  according  to  the
      provisions   of  the  state  administrative  procedure  act,  rules  and
      regulations relating to tree-cutting within the park; provided, however,
      that nothing herein shall prevent a municipality from  adopting  a  law,
      code,  ordinance  or  regulation which is more stringent than such rules
      and regulations adopted by the commission.
        10.   Encourage   individuals,    corporations,    associations    and
      organizations  to  acquire  real property or interests or rights in real
      property for the preservation of open  space  characterized  by  natural
      scenic  beauty  or  conditions  enhancing  parkwide  qualities,  and  to
      preserve such lands or interests or rights in real property through  the
      establishment  of  land trusts and other lawful means for protecting and
      preserving such lands.
        11. Encourage and assist in the creation of special local  improvement
      districts  for purposes including control of storm water runoff problems
      and  the  acquisition  of  significant  environmental  areas,  including
      wetlands, to control such problems.
        12.  Study,  monitor  and inspect for pollution from any source within
      the park  and  to  enforce  the  provisions  of  this  article  and  any
      regulations promulgated pursuant thereto, cooperate with, aid and assist
      municipalities  and  state  agencies  in enforcing the laws affecting or
      applying to Lake George and the area lying within the park and undertake
      projects to abate pollution and preserve water quality.
        13. Take into consideration the cumulative  impact  upon  all  of  the
      resources  of  the  park  in  making any determination or taking actions
      pursuant to the powers of this article.
        14. Intervene in  proceedings  before  state  agencies  including  the
      department and the Adirondack park agency on matters affecting the park.
    
        15.    Encourage    individuals,   corporations,   associations,   and
      organizations to preserve and enhance the natural scenic beauty of  Lake
      George and lands within the Lake George park.
        16.  Adopt,  sponsor,  and  encourage  the  use  of  forms  of  deeds,
      agreements, covenants, and other  legal  documents  by  means  of  which
      owners  of  real  property  within  the Lake George park may voluntarily
      prohibit, restrict, and control the use thereof for commercial purposes.
        17. Encourage owners of real property within the Lake George  park  by
      written  instruments  to  prohibit, restrict, or control voluntarily the
      use of such real property for commercial purposes.
        18. Acquire interests or rights  in  real  property  within  the  Lake
      George  park for the purpose of prohibiting, restricting, or controlling
      the use of such real property for commercial purposes.
        19. Establish rules, regulations, and procedures  by  or  pursuant  to
      which  the  commission  may authorize or permit a necessary or desirable
      use of  land  or  prevent  unnecessary  hardship  in  an  individual  or
      particular  instance  by  altering  or modifying in whole or in part any
      restriction contained  in  any  conveyance  to  or  agreement  with  the
      commission or which the commission has power to alter or modify.
        20.  Encourage,  cooperate  with, aid, and assist municipalities lying
      wholly or partly within the Lake George  park  in  the  preparation  and
      adoption  of  zoning  laws  or  ordinances  and  other local legislation
      prohibiting, restricting, regulating, or controlling the  uses  of  real
      property for commercial purposes within the Lake George park.
        21. Make maps and plans for proposed or permanent zones.
        22.  Establish as a proposed zone any area of land, exclusive of state
      or municipally owned land, lying within the Lake George park.
        23. Alter, reduce, or extend any such proposed zone.
        24. Establish as a permanent zone any area of land, exclusive of state
      or municipally owned land, lying within the Lake George  park  in  which
      the  use of all real property for commercial purposes is (a) prohibited,
      or (b) restricted or controlled.
        25. Alter or extend a permanent zone under the procedure applicable to
      the original establishment of a permanent zone.
        26. Enter upon any land, water, or premises  within  the  Lake  George
      park at reasonable times for the purpose of making surveys.
        27. Cooperate with, aid, and assist municipalities and law enforcement
      agencies  in enforcing laws affecting or applying to Lake George and the
      area lying within the Lake George park.
        28. In cooperation with existing law enforcement agencies, arrange for
      the appointment of patrolmen who, within the  Lake  George  park,  shall
      have  the powers set forth in section 71-0202 of this chapter in respect
      to the enforcement of all laws and local ordinances or  laws  pertaining
      to  Lake  George  or the Lake George park. Pursuant to this subdivision,
      members and employees of the commission may be appointed  patrolmen  but
      if appointed shall serve without compensation. Such patrolmen shall have
      the  right  to  use sirens, display flags, or other identifying insignia
      and wear badges while engaged in law enforcement activities  within  the
      Lake George park.
        29. Promote the study of the history, historical significance, natural
      science,  and  lore  of  Lake George and the area within the Lake George
      park and in cooperation with the Education Department  to  preserve  the
      historical relics found in or near Lake George.
        30.  Encourage individuals, corporations, associations, organizations,
      and municipalities to protect and preserve the purity of the  waters  of
      Lake George.
    
        31.  Establish  advisory  committees and enlist and accept the support
      and cooperation of organizations of property owners or others interested
      in promoting the purposes and objectives of this article.
        32.  Do  all  things  necessary  or convenient to carry out the powers
      expressly granted by this article.